NATIONAL INSURANCE COMPANY LTD Vs. M S BHATI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner, National Insurance Co. Ltd. against the order dated 15.02.2016 passed by the State Consumer Disputes Redressal Commission, Rajasthan, Jaipur, Bench No.2, Camp Kota (in short 'the State Commission') in F.A. No. 12/2013.

(2.) The brief facts of the case are that Respondent/complainant insured a vehicle bearing No. RJ 17TA 0010 on 18.4.2007 for a sum of Rs.2,70,084/-. On 11.4.2008 the aforesaid vehicle met with an accident at 2.10 p.m. Driver Wasim Nawaz died in the accident on the spot. Eight persons died and three got injured in the accident. Wasim Nawaz had a driving licence valid from 17.1.2005 till 16.1.2008. FIR No.35/08 dated 11.4.2008 of the accident was lodged in P.S. Rampur, Distt. Jhalawar which shows the time of accident at 2.10 p.m. The driving licence of Wasim Nawaz was renewed vide receipt dated 11.4.2008 at 2.42 p.m. meaning thereby it was renewed after the accident had already occurred. Motor Spot survey report is submitted by Mr. Sanjay Bhargava on 10.6.2008. Motor Final Survey report dated 28.6.2008 was submitted by Mr. Amir Kumar Srivastava. An Investigation Report dated 23.10.2008 was filed by Shri Vikas Chaturvedi who submitted that driver died on 11.4.2008 at 2.10. p.m. and renewal fee of his licence was deposited at the office of District Transport Officer, Jhalawar after his death on 11.4.2008 at 2.42 pm. Hence the process of renewal of licence was conducted after the death of Wasim Nawaz. On 22.5.2009 the respondent/complainant filed a consumer complaint no.16 of 2009 alleging deficiency of service and prayed for an award of an amount of Rs.2,78,887/- towards insurance cover, Rs.50,000/- towards physical and mental agony and Rs.5,000/- towards costs. Petitioner/OP filed reply. The District Forum vide order dated 15.2.2013 dismissed the complaint by observing that the driver did not have any valid licence at the time of accident. The respondent/complainant filed First Appeal No.12 of 2013 before the State Commission. Vide order dated 15.2.2016 the State Commission allowed the appeal of the respondent by holding that driver Wasim Nawaz had valid driving licence upto 10.4.2008 and he had time to renew it when his licence expired on 10.4.2008 which was renewed on the next day. The State Commission directed the petitioner to pay compensation calculated by the surveyor from the date of submitting the complaint with 9% p.a. interest within one month alongwith Rs.11,000/- towards cost of appeal and Rs.25,000/- towards mental agony.

(3.) Hence, the present revision petition.